In the early morning of 28 December 2008 Mahmoud Abu Taima, his wife Manal, and their two oldest sons, Khalil and Nabil were collecting zucchini from their lands in Khuza’a village, east of Khan Younis. After a few hours the two brothers went to their uncle’s farmland a few hundred meters further west. At around 8:30 the Israeli army fired a shell from the border fence which landed between the two boys. Nabil (16) was killed and Khalil was critically injured. “You must understand, the area was very calm. Many farmers were working on their lands. It is an open area. I saw a projectile coming from the border fence towards the farm lands. Then I heard the explosion. I immediately ran towards the place of impact because I knew my sons were in that area. By the time that I arrived, people had already put the boys on a donkey cart to bring them to the hospital,” recalls Mahmoud Abu Taima (40). Khalil was critically injured by shrapnel in the chest and limbs and underwent a life saving surgery immediately after arriving in the hospital. “While we buried Nabil we were expecting that they would bring Khalil’s body from the hospital too,” says the boys’ mother Manal (37). The Abu Taima family, who have their home in Abasan village, east of Khan Yunis, has been traumatized by the death of their son and brother Nabil. His parents, and 6 eldest siblings Khalil (20), Naima (18), Isra’ (15), Mohammed (14), Abdel Rahman (9), and Ibrahim (6) all have dear memories of him. “Nabil was a part of us and he had a big place in my heart. I remember him in every moment and I feel that he is present with us. Like now, when I drink tea, I remember him and feel that he is present. When I eat my meals I feel as if he is still here with us. I can never forget him,” says his father Mahmoud. “Nabil’s mind was older than his age,” says Manal, “he was very clever at school and all of his teachers and the students liked him a lot. On the anniversary date of his death, his teachers and friends come to visit us. Besides going to school, Nabil liked to breed rabbits. Until his death we had about 50 rabbits. Since his death they died and we stopped getting new ones. We don’t feel like it anymore, now that he is not here.” Ibrahim (6) and Abdel Rahman(9) had a very close relationship with Nabil. Manal says: “They were badly affected by his death. They wanted to take the shovel and open his grave so they could take him from his grave and bring him to a doctor for treatment. Ibrahim was upset and stressed for a long time so I took him to a psychologist. When I told the children that a human rights organization was coming to talk to us Ibrahim asked me if they would bring Nabil.” Khalil has spent the past years trying to recover from his physical injuries. “After 3 days I was transferred to Egypt for additional surgery. In the months after that I went to Médicines sans Frontières after finishing school and had 3 hour sessions of physiotherapy. I had very long days. Despite everything, there is still shrapnel inside my legs, chest and arms which cannot be removed. There are places in my left leg in which I can’t feel anything. My ankles always hurt and I can’t move the way I did before. My mobility, including my walking, has been affected. I can’t do everything that I want. For example, nowadays I play football alone because I am too afraid someone will hit my leg and I will be in agony.” Besides his physical injuries, Khalil is trying to deal with the loss of his brother and the trauma of the incident. “We would always go to school and other places together. I feel as if I lost a part of my body. It is difficult to continue my life without this part. During the war it was my ‘tawjihi’[final high school] year and I had to go to school. I was traumatized after the incident. When I was sleeping I could hear the sound of a missile coming towards me. Somehow, I passed the tawjihi that year and am in university now.” Manal adds that Khalil used to have panic attacks after the incident, “even the sound of birds could make him have a panic attack.” A few days after the attack, Israeli bulldozers destroyed the farmland belonging to the Abu Taima family, approximately 700 meters away from the fence. “We had zucchini crops, and a small storage room for fertilizers and equipment. We also had a water pump and water irrigation network. It is all destroyed now. We were unable to go to our farm for 2 years as it was too dangerous. Now we go again, despite the Israeli army shooting towards us. It is difficult. Since the death of my son I lost my motivation to work in the land,” says Mahmoud. Mahmoud does not dare to have hopes or expectations for the future anymore: “living under occupation means that whatever hopes we have, it will fall apart one day. For example, you bring up your child and put all of your hopes in him or her, but then they come and kill your child and all your hopes are destroyed. We try to think about the future and have long-term hopes but it’s not possible for us.” The family is not optimistic of the chances that they will see a court case against those responsible for their son’s death. “Nabil was not the first and last one who was killed by the army. Many boys like him were killed. Even if they [Israel] can capture the soldier who fired the shell, they will say he is insane,” says Mahmoud. PCHR submitted a criminal complaint to the Israeli authoritiess on behalf of the Abu Taima family on 2 July 2009. To-date, no response has been received.

The people in Gaza are paying a heavy price for the ongoing Israeli siege in their educational, health, infrastructure, economic, and construction sectors, the Arab League said in a statement on Tuesday on the occasion of the third anniversary of the devastating Israeli war on the Strip.

The statement warned of the renewed Israeli calls for a new war on Gaza, charging that the world community’s silence toward that aggression was encouraging Israel to go ahead in its aggressive policy against the Palestinian people without expecting any penal or deterrent measure.

The Arab League urged the world community especially the UN and its secretary general along with the international quartet committee to assume their responsibility and lift “this oppressive siege” and to punish the Israeli war criminals.

We, Palestinians of Gaza, 3 years on from the 22-day long massacre in Israel’s operation ‘Cast Lead’, are calling on international civil society to make 2012 the year when solidarity with us in Palestine captures the spark of the revolutions around the Arab world and never looks back.

On this anniversary we demand an international liberation movement that eventually leads to just that, liberation for us Palestinians from 63 years of brutal military occupation and ethnic cleansing that pours shame on any organisation or government claiming to endorse universal human rights.

We will never forget the hurt of 3 years ago, the criminal onslaught that we lived through, the blood of over 1400 murdered men, women and hundreds of children running through the streets of Gaza, between the rubble, soaking our beds and etched on our minds.

We will never forget. For they are still dead, and thousands more are still maimed.[1]

al-Batran family

We will never forget the last 63 years during which our land, homes, olive groves, lemon trees and cherished way of life was taken away from us, while Israeli soldiers held our fathers’ faces in the sands, imprisoned them, or shot them in front of us.

We will not forget the sickening cowardice of the international community that has allowed and enabled this ethnic cleansing of our people, subjecting us to Israel’s racist Zionist vision that defines us, the indigenous people of Palestine, as the undesired ‘ethnic group’ for the region.

Daban family

The US continues to ‘reward’ Israel with 6 billion dollars of tax-payers money while the EU increases its trade and diplomatic relations. For the Israeli apartheid regime this translates as the green light to unleash the 4th most powerful military on us to ‘do its worst’ against our civilian population, of which over half in Gaza are children and over 2 thirds are UN registered refugees.

In recent years, civil society and solidarity movements throughout the world have grown in their support for us, especially in 2011.

Shaqoura family

As the world wakes up, the prospect of life without Israeli occupation and its system of race-based subjugation becomes more than a dream. We demand simply, human rights that anyone else would expect.

This year, the first taste of liberation in the Western controlled Arab world arrived in Tunisia, Egypt and Libya. Many of those who took to the streets moved beyond their fear of being killed or tortured, facing up to the despotic, Western-backed regimes in the name of freedom for their families, communities and compatriots.

Hamdan family

We will never forget them too, as we have lived much of our lives beyond this fear, our resilience against Israeli apartheid growing as the solidarity movements around the world grow.

No longer under the boot of Western governments we urge the Arab street to do what the Israeli Apartheid Regime fears the most, to unite and build against them, the state that has violated more United Nations resolutions than any other.

Balosha Dena and family

The siege breaking attempts into Gaza must continue, the second Free Gaza Flotilla exposed again the brutal and merciless edge of Israel’s hermetic siege.

In Europe and America the Boycott, Divestment and Sanction (BDS)[2] movement is reaching the mainstream. Huge victories have included campaigns against waste and transport infrastructure firm Veolia who build transport routes on Israeli occupied lands. [3]

Alhayek family

Inspired and supported by Nobel Prize winner and anti apartheid hero Archbishop Desmond Tutu, the University of Johannesburg ended its collaboration with Ben Gurion University in Israel. [4]

Other University campuses are pursuing boycott campaigns and major European Trade Unions have broken ties with Israeli Trade Unions. And a growing number of conscientious artists and singers are refusing to perform in Israel.

Ashour family

All over Israeli internet sites and in government policy are attempts to deter the growing BDS movement, [5] an international strategy that succeeded against a similarly well-armed, Western affiliated apartheid regime in South Africa.

The effect worldwide of the Gaza massacres 3 years ago was a catalyst for a huge rise in worldwide solidarity and action in support of Palestine, just as the South African Sharpeville massacre was for South African blacks in 1960.

Our call this year will accept no compromise. We call upon all Palestine solidarity groups and all international civil society organizations to demand:

1 An end to the siege that has been imposed on the Palestinian people in the West Bank and Gaza Strip as a result of their exercise of democratic choice.2 The protection of civilian lives and property, as stipulated in International Humanitarian Law and International Human Rights Law such as The Fourth Geneva Convention.3 The immediate release of all political prisoners.4 That Palestinian refugees in the Gaza Strip be immediately provided with financial and material support to cope with the immense hardship that they are experiencing5 An end to occupation, Apartheid and other war crimes with immediate reparations and compensation for all destruction carried out by the Israeli Occupation Forces in Gaza.

al-Helo family

For us, the sacrifices for resisting have often meant imprisonment, torture, collective punishment and death. Outside, the risks are lower, but with great possibility. We call on you to Boycott Divest and Sanction, join the many International Trade Unions, Universities, Supermarkets and artists and writers who refuse to entertain Apartheid Israel. Speak out for Palestine, for Gaza, and crucially ACT. There has never been a time when mobilizations are gaining such support. 1994 was the year of South Africa when Apartheid was thrown into the dustbin of history; with your support we can make 2012 the year of free Palestine!

THE TIME IS NOW!

List of signatories:

General Union for Public Services Workers General Union for Health Services Workers University Teachers’ Association Palestinian Congregation for Lawyers General Union for Petrochemical and Gas Workers General Union for Agricultural Workers Union of Women’s Work Committees Union of Synergies—Women Unit The One Democratic State Group Arab Cultural Forum Palestinian Students’ Campaign for the Academic Boycott of Israel Association of Al-Quds Bank for Culture and Info Palestine Sailing Federation Palestinian Association for Fishing and Maritime Palestinian Women CommitteesProgressive Students’ Union Medical Relief SocietyThe General Society for Rehabilitation

Khawla and Faris Al Ashi photographed next to the picture of their deceased father

“For the upcoming anniversary of the war, me and other women who lost husbands in the attack plan to give gifts to orphans who lost their fathers during the war. The gifts will be inscribed with the words “On this day you are the beloved ones of your mother.” We want children to remember they still have their mothers and they will always love them”

On the morning of 27 December 2008, at approximately 11:30, Israeli F-16’s targeted a Gaza police initiation ceremony being held in the forecourt of “Arafat City”, a government complex located in Gaza City. The attack resulted in over 60 deaths and 150 injuries.

This incident formed part of the wave of attacks which marked the commencement of Israel’s 23 day offensive on the Gaza Strip codenamed “Operation Cast Lead.

" Amongst those killed was 33 year old Faris Al Ashi, a member of the Gaza police force who was on duty at the time of the attack.

Like many of the wives who lost husbands during the offensive, Amna Al Ashi was left with sole responsibility for bringing up her and her deceased husband’s young children, Khawla, 6, Osama, 5, Yomna, 3, and Faris, 2, whom she was five months pregnant with at the time of the attack.

Amna’s reaction to her challenging circumstances has been defiant, “I am a woman and I have the right to live my own life, many men have proposed but I choose to dedicate myself entirely to the cause of my children.” Discussing the last three years of her life, Amna is keen to press upon the mini victories that have kept her going along the way.

It is clear that Amna has thought carefully about the solutions to the problems faced by her children following the loss of their father. “After he lost his father Osama was very traumatised," says Amna, “he didn’t want to interact with others and he developed speech problems as a result. Even though he was very young I enrolled him in a local martial arts course. At first he didn’t not want to go, but slowly he gained confidence and now he is an orange belt and has overcome a huge amount of his shyness."

Likewise, Amna has found a novel means to allow her children to express their trauma. “I registered Osama and Khawla in a course for movie animation. Of course their movies are based around their lives and those of their siblings and reflect a lot of what they are thinking and feeling. The movies give me an insight into their problems and allow me to talk with them about it." She plans to enrol all the children in traditional Palestinian Dabka (Dance) classes to make sure they grow up strong and healthy.

Nevertheless, Faris’ killing has left an empty space in the family life of the children and Amna . “My children see their cousins with their fathers, they hear them calling him “Baba” and they are deeply aware of the absence of a relationship with their own father” says Amna, “sometimes I try to make up for this by getting them to call me Baba, but it’s not the same, they need the feeling only their father could give them." The loss of her husband has also led to feelings of loneliness and isolation for Amna. “During the day I am strong for the children but at night I become weak, I need the arms of Faris, I need everything he gave to me."

Amna describes the initial year after Faris’s death as being the most traumatic. “At first I had huge trouble sleeping. The problem thankfully improved but I still find it difficult at times to sleep at night," says Amna. One way Amna has looked to keeping her outlook positive is to keep busy on projects and hobbies. “I want to keep myself busy with good goals for my life. Currently I’m busy setting up a Kindergarten, which I have already received funding for.” “For the upcoming anniversary of the war, me and other women who lost husbands in the attack plan to give gifts to orphans who lost their fathers during the war. The gifts will be inscribed with the words “On this day you are the beloved ones of your mother". We want children to remember they still have their mothers and they will always love them.

During the offensive, Israel illegally classified members of the civilian police force as combatants: this classification constitutes a wilful violation of the principle of distinction, a key component of customary international law. Hamas is a multi-faceted organisation, exercising governmental control of the Gaza Strip. As an organisation, it cannot be considered an armed group. Rather, a distinction must be made between Hamas’ armed and political/civil components.

The Izz ad-Din al-Qassam Brigades are the military wing of the Hamas organisation, they are an armed group, and are considered combatants according to IHL. However, Hamas’ political and civil wings are comprised of civilians, who are legally entitled to the protections associated with this status, provided they do not take an active part in hostilities. Civil police, and governmental officials cannot be considered combatants. Attacks intentionally directed against these individuals constitute wilful killing, a grave breach of the Geneva Conventions, and a violation of customary international law.

PCHR submitted a criminal complaint on behalf of Fares Al Ashi on 5 May 2009. To-date, no response has been received.

Today marks the third anniversary of the commencement of Operation Cast Lead, Israel’s 27 December 2008 – 18 January 2009 offensive on the Gaza Strip. 27 December also marks the anniversary of the single bloodiest day in the history of the occupation; on this day three years ago 334 Palestinians were killed by Israeli forces, 76.6% of whom were civilian.

In total, 1,419 Palestinians were killed during Operation Cast Lead, 1,167 (82.2%) of whom were civilians. A further 5,300 were injured. Israeli forces directly targeted and attacked private homes and civilian institutions, including hospitals and schools. Exacerbating the effects of the continuing illegal closure, the offensive had a devastating impact on the overall economy of the Gaza Strip.

Civilian workshops and factories were directly targeted and agricultural land was razed, destroying farms, fields and irrigation systems that formed the basis of farmers´ livelihoods. As reconstruction is virtually impossible due to the illegal closure, the hardship brought about by this destruction has only increased in the last three years

Al Ashi family

To mark the anniversary of the attacks, and to highlight the continuing lack of justice, the Palestinian Centre for Human Rights (PCHR) will release a series of narratives, documenting the experiences of victims in the three years since the offensive. The story of the Al Ashi family is released today.

This series is also accompanied by a factsheet providing an overview of the flaws inherent in the Israeli justice system and the criminal complaints submitted to the Israeli authorities on behalf of victims of Operation Cast Lead.

PCHR believes that Israeli forces committed serious violations of IHL and IHRL over the course of the offensive. Violations entailing individual criminal responsibility include – but are not limited to – the crimes of wilful killing, the extensive destruction of civilian property, the direct targeting of civilians and civilian objects, the use of human shields, and the launching of indiscriminate attacks.

Deeb family

PCHR has submitted 490 criminal complaints to the Israeli authorities, on behalf of 1,046 victims of Operation Cast Lead. To-date, only two substantive replies have been received. The overwhelming majority of complaints have been simply ignored.

It is evident that these crimes demand judicial redress. If the law is to be respected – if it is to prove capable of protecting civilian populations – it must be enforced; victims’ rights to the equal protection of the law and effective judicial remedy must be upheld. Those responsible for committing such crimes must be investigated, tried and prosecuted in accordance with international standards.

If the occupation has taught us anything it is that as long as Israel is granted impunity, it will continue to violate international law, Palestinian civilians will continue to suffer the horrific consequences.

Abu Meatik family

In light of the clear and unequivocal failure of domestic justice systems, it is clear that recourse must be had to mechanisms of international criminal justice. PCHR call upon the UN Security Council, acting under Chapter VII of the UN Charter, to refer the situation in Israel and Palestine to the International Criminal Court. PCHR also reminds States, as High Contracting Parties to the Geneva Conventions, of their pressing legal obligation, to search for and prosecute all those suspected of committing war crimes, regardless of their nationality.